Smith v. Springman Lumber Co.

HOFFMAN, JUSTICE.

This is an appeal from a judgment based upon a jury’s verdict in favor of a minor plaintiff who was injured while at play upon defendant’s premises.

The minor plaintiff, a child 7% years old, lived with her family in a three apartment dwelling owned by the defendant. A fuel oil tank which was no longer in use was located next to a tree in the side yard of the premises and about 15 feet from the apartment building. The tank rested on concreté blocks, was rounded on top and was old and rusty. It was agreed between the parties that there was no physical defect in the tank itself.…